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Copyright 1999 St. Louis Post-Dispatch, Inc.  
St. Louis Post-Dispatch

October 24, 1999, Sunday, THREE STAR EDITION

SECTION: NEWS, Pg. A13

LENGTH: 368 words

HEADLINE: WEST VIRGINIA WORRIES FEDERAL RULING WILL RUIN COAL INDUSTRY;
JUDGE BARS MINING OPERATIONS NEAR STREAMS

BYLINE: The Associated Press

DATELINE: CHARLESTON, W.VA.

BODY:


West Virginia's coal mining industry warned that it is headed for ruin, and the governor ordered a state hiring and spending freeze after a federal judge barred the dumping of strip mine waste in streams.

"The impact of this ruling will be devastating to state and local budgets," Gov. Cecil Underwood said Friday.

In a victory for environmentalists who sued the coal industry last year, U.S. District Judge Charles Haden II ruled Wednesday that dumping mining waste in West Virginia's streams fouls the water in violation of the federal Clean Water Act.
 
The law bans mining operations within 100 feet of a stream.

The ruling could all but shut down mountaintop removal mining, a strip mining technique used increasingly in Appalachia. The top of a ridge is sheared off, the coal is extracted, and the leftover rock and dirt are pushed into a nearby river valley.

Coal industry leaders warned that the ruling could also cripple traditional underground mining, which also disposes of waste in river valleys.

"They gave us a death sentence, is what they've done," said Ernest Woods, president of United Mine Workers Local 5958. "We're dinosaurs now. And they'll be going after the deep mines next."

West Virginia is the second largest coal-producing state, behind Wyoming. The industry accounts for 3 percent of all jobs in West Virginia, down from 9.5 percent in 1979. The nearly 19,000 jobs tied to the industry provided more than $ 950 million in wages in 1998, with workers averaging $ 50,800 a year.

The state had 392 underground mines and 227 strip mines last year, with strip mining accounting for less than one-third of West Virginia's total production of 181 million tons of coal.

State regulators said they do not yet know how many mines are affected by the ruling. But the state Tax Department said it could cost West Virginia as much as $ 100 million this fiscal year, out of an annual budget of $ 2.6 billion.

As a result, the governor told state agencies to prepare for a 10 percent budget cut in January, and put a freeze on hiring and spending.

West Virginia's congressional delegation has asked federal regulatory agencies to join in an appeal of the ruling.

LOAD-DATE: October 24, 1999




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